Terms and conditions

General conditions regulating the access and use of the individualized  transport service through bicycles "CityBike Lima"

CityBike Miraflores S.A.C. and CityBike San Isidro S.A.C. are the specific purpose companies holding the concession contracts for the public bicycle services "CONCESSION CONTRACT FOR THE BENEFIT OF the PUBLIC BICYCLE SERVICE IN THE DISTRICT OF MIRAFLORES and THE CONCESSION FOR THE INSTALLATION OF EXTERIOR PUBLICITY "and" CONTRACT OF CONCESSION of THE SYSTEM OF PUBLIC BICYCLES for the DISTRICT OF SAN ISIDRO "for the districts of Miraflores and San Isidro, respectively.

Both companies agree to operate both the public bicycle services referred to above as a single integrated system so that it is presented as a single service called "CityBike Lima", which is managed by CityBike Perú S.A.C., whose name Comercial is CityBike Lima.

1. OBJECT

This agreement (hereinafter, the "contract") is intended to regulate the terms and conditions of use (onwards, the "Terms and Conditions") of the individualized transport service by bicycles under the CityBike Lima brand (onwards, the " Service "). The service consists of the use, by a user (onwards, the "user" or "you"), of bicycles that are part of the service (onwards, the "Bicycles"), in accordance with the conditions of use described in these terms and conditions.
 

2.  SCOPE OF USE OF THE SERVICE 

The scope of use of bicycles is limited exclusively to the area of the city of Lima, excluding the constitutional province of Callao, and the circulation on bicycles outside the indicated area is expressly prohibited. 
 

3. VALIDITY

The validity of this agreement will depend on the type of membership acquired by the user and shall be:
  • One (1) year, counted from the time of the acquisition of an annual membership, considering that:
    • A) at the end of this period of time and provided that the user has not notified, in writing to the e-mail address contacto@citybikelima.com with a notice not less than fifteen (15) days, his  Intent not to renew this Agreement shall be automatically renewed for the term of one (1) additional year. In this case of automatic renewal, the user authorizes CityBike Lima to carry out the corresponding charge for the concept of renewal of annual membership;
  • One (1) month, counted from the moment a monthly membership is made;
  • Twenty-four (24) hours, counted from the moment of acquisition of a daily membership.
 
 

4. CONDITIONS REQUIRED TO REGISTER AS A USER OF THE SERVICE 

A. Persons over eighteen (18) years who subscribe to this agreement may be register as users of the service and who follow the procedure described in section 5 below of this agreement. Payment will be made through the charge on a credit or debit card.
B. Companies may not register as users of the service.
C. In order to avoid duplication, it is forbidden for a user to register at more than one opportunity If he has not previously completed the corresponding drop.
 

5. PROCEDURE TO REGISTER FOR THE SERVICE

Las personas que, cumpliendo con los requisitos indicados, quieran darse de alta en el Servicio, deberán seguir el procedimiento que se detalla en esta cláusula. 
 
Persons, who, in compliance with the requirements indicated, want to register in the service, must follow the procedure detailed in this clause. 
The person who wants to register must access the website http://www.citybikelima.com (onwards, the "website") and/or the virtual application of the service (available in the stores "Google Play" and "App Store" under the denomination CityBike Lima (onwards, the " Mobile application ") and complete the corresponding registration process (onwards, the" process ") in which the conditions provided for these terms and conditions will be expressly accepted. 

Participation in the aforementioned process implies a statement by the user of knowing and accepting these terms and conditions.

During the process, the user will be able to indicate if it requires a proximity card or can associate his card in case you use a public transport service such as Metro, metropolitan and corridors. In the event that the user has requested a card, it will arrive at your address in the next 7 days. The user must associate the card on a bicycle according to the procedure established for that purpose and which consists of www.citybikelima.com. The above procedure is as follows:
 
  • The user chooses a bicycle and presses V on the screen. 
  • Choose option 1: card
  • The user brings his card to the screen. 
  • The user enters their 7-digit code.
  • The user enters his 4-digit PIN and presses V.
  • The user brings his card again to the screen and will appear on the screen that his card was already activated in the system.
In case of request of replacement of the proximity card, the procedure of emission of the same one will be of S/20.00.

Once subscribe, the user must purchase a membership through the website or mobile application. One begin the term of validity of the membership will begin from the moment of the acquisition of the same one, in which the user will receive an email with the confirmation of the acquisition of that membership. 
The use of the service, the card, the user's account and the PIN chosen by the user in the registration process have a personal and non-transferable character, not being able to be transferred to a third party other than the user. 
 
However, if the User has acquired a daily membership, only a seven (7) digit code will be enabled by email to access the Service. Notwithstanding the foregoing, the User who acquires this form of membership, may associate his card in case he uses a public transport service such as the Metro, Metropolitan and the corridors.

6. SERVICE RENEWAL

With regard to the renewal of the service, only in the case of the annual membership, fifteen (15) days before the end of the validity of this contract, the user will receive an email in which he will be informed of this fact. The user will have the option to inform that they do not want to perform the renewal of the service, following the procedure explained in that email. Otherwise, it is understood that the user wishes to renew the subscription, taking this action automatically.
 

7. MEMBERSHIPS

The user may opt for any of the membership modalities (subscription) that are detailed on the website, which are also detailed below:
  • Annual
  • Monthly
  • Daily 
The user will be qualified as "active" during the period corresponding to the chosen modality. 

In the case of the annual membership, the user will be qualified as "active" during the period of one (1) year (the calculation of the term of validity of the credit will begin at the moment of its acquisition), except in the cases foreseen in this contract, relative to the application of the measures envisaged in cases of non-compliance. The user will not be able to make a change of modality during the current subscription and, therefore, will have to wait at the end of the validity of the contract or to unsubscribe, without entitlement to reimbursement for the missing period, and, subsequently, to register to change of Mode. 

In the case of the monthly membership, the user will be qualified as "active" during the period of one (1) month (which will begin the calculation of the term of validity of the credit from the moment of its acquisition), except in the assumptions foreseen in this contract. Relating

 The implementation of the measures envisaged in cases of non-compliance. The user will not be able to make a change of modality during the current subscription and, therefore, will have to wait at the end of the validity of the contract or to unsubscribe, without entitlement to reimbursement for the missing period and, subsequently, to register to change of Mode. 

In the case of the daily membership, the user will be qualified as "active" during the period of one (1) day (in which the calculation of the period of validity of the payment from the time of discharge will begin), except in the cases foreseen in this contract. Concerning the implementation of the measures envisaged in cases of non-compliance. The user will not be able to make a change of modality during the current subscription and, therefore, will have to wait at the end of the validity of the contract or to unsubscribe, without entitlement to reimbursement for the missing period and, subsequently, to register to change of Mode. 
 
 

8. CANCEL SERVICE

a) The user may voluntarily unsubscribe by sending an email to the address contacto@citybikelima.com, indicating his intention to unsubscribe. 
 
b) CityBike Lima will be able to automatically download a user when it fails to comply with any of the terms and conditions. In the event that it is decided to proceed with the automatic lowering, CityBike Lima will give the user a period of ten (10) calendar days to present their discharges before the preliminary communication of automatic low. After this period, CityBike Lima will decide if the automatic low is coming or not.
 
c) CityBike Lima will lowering, within fifteen (15) days, that user who, at the end of the term of the validity of his subscription, has not communicated-in the form and term established in these terms and conditions-his intention to unsubscribe and the collection of his subscription fee may not be made on the informed credit or debit card. The time limit will be initiated from the moment CityBike Lima is aware that the fee on the credit or debit card could not be charged. In this case, CityBike Lima will not be obliged to process any non-compliance processes, and can agree on automatic lowering. 
 
d) If the termination of the contract is completed, it will be automatically renewed because the user did not make the express statement of causing a low with the advance and conditions indicated, but the payment of the corresponding fee on the credit card cannot It is understood that the contract is kept in force until the moment of the rejection of the collection. 
In this case and verified this last extreme, the owner of the service will agree to adopt     the measures envisaged in the cases of very serious infringement, being able to take the definitive low of the service, leaving thus the user obliged to pay to the operator company all The damages caused during that period in connection with your contract.
 
e) Without prejudice to cases of non-compliance that after evaluation by CityBike Lima carry the automatic lowering, the user will be discharged in the following assumptions:
  • The registered credit or debit card has expired
  • Exceeding more than two (2) times the maximum limit of use of the bicycle, established in twenty-four (24) hours
 

9. USE OF THE SERVICE CONDITIONS

a) The user will have access to the bicycles.
b) In order to remove a bicycle from the corresponding station, the user must follow the    following procedure:
  • The user must go to the desired bicycle at the corresponding station and enter his user number and PIN on the rudder board of the bicycle. If you have a card previously activated, you can access the bike by bringing the card to the bike reader and typing your PIN. In both cases, you must press "enter" (Key V) and follow the instructions.
  • If when removing a bicycle the user checks that there is any element of the same that does not work properly, you must return it to the station and take another one. In any case, the user is obliged to verify that the corresponding bicycle display shows a message indicating that the bicycle has been anchored correctly. In the event that this message does not appear, the user is obliged to notify the customer service telephone.
  • The user will be responsible, in any case, for the bicycle to be returned properly to the station, according to the procedure specified.
  • Once the bicycle is removed from the corresponding station, the user will have the right to make use of it according to the modalities and conditions established on the website.

ANNUAL MEMBERSHIP: It has a price of S/151.73 (IGV included) plus S/7.30 (IGV included) for administrative expenses. This subscription allows a user to make an unlimited number of trips less than 30 minutes for one year. If the use of the bicycle exceeds those 30 minutes the following rates will be charged:
  • From 31 minute and up to minute 120, S/2.00 (igv included) will be charged, every 30 minutes or additional fraction
  • From the minute 121 and up to the maximum limit of 24 hours of use, S/7.00 (IGV included) will be charged, every hour or additional fraction
  • The maximum uninterrupted use time of a bicycle is 24 hours. If a user exceeds that time, a penalty of S/3500.00 will be charged and the bicycle will be blocked.
MONTHLY MEMBERSHIP: It has a price of S/19.50 (IGV included) plus S/1.54 (IGV included) for administrative expenses. This subscription allows a user to make an Unlimited number of trips less than 30 minutes for one month, If the use of the bicycle exceeds those 30 minutes the following rates will be charged:
  • From 31 minute and up to minute 120, S/2.00 (igv included) will be charged, every 30 minutes or additional fraction
  • From the minute 121 and up to the maximum limit of 24 hours of use, S/7.00 (IGV included) will be charged, every hour or additional fraction
  • The maximum uninterrupted use time of a bicycle is 24 hours. If a user exceeds that time, a penalty of S/3500.00 will be charged and the bicycle will be blocked.
     
DAILY MEMBERSHIP: It has a price of S/4.33 (IGV included) plus S/0.88 (IGV included) for administrative expenses. This subscription allows a user to make an unlimited number of trips less than 30 minutes for 24 hours. If the use of the bicycle exceeds those 30 minutes the following rates will be charged:
  • From 31 minute and until minute 120, S/2.00 (IGV included) will be charged, every 30 minutes or additional fraction.
  • From the minute 121 and up to the maximum limit of 24 hours of use, S/7.00 (IGV included) will be charged, every hour or additional fraction.
  • The maximum uninterrupted use time of a bicycle is 24 hours. If a user exceeds that time, a penalty of S/3500.00 will be charged and the bicycle will be blocked.
     
c) Schedules and rates of service 
  • The service fees will be those published and are in force on the website at any time for each modality. In any case, the amount corresponding to the payment of the service, the rates and the amount of the measures that may be taken shall be included, in accordance with what is established in these terms and conditions. 
  • The service hours are Monday-Sunday from 4:30 am to 11:30 pm. Within this time, the user will be able to withdraw a bicycle from any station of the service, being able to return it at any time and at any station.
  • The service may temporarily and for reasons of restructuring, maintenance or          others, limit the schedules or availability of the stations of CityBike Lima, which will be     opportunely communicated to the users. 
  • The user authorizes CityBike Lima to charge through the system of payment enabled, of the rates that can be generated by the use of the service, as well as the amount of the measures that can be taken, according to the amounts that are in force in the Sit The Web and with the stipulations that are contemplated in this contract .
 

10. USER RIGTHS

The user's rights are expressly recognized below, irrespective of any other right which may correspond to them, in accordance with current regulations: 

a) The user who has completed the whole process of registering and acquiring a membership shall have the right to make use of the bicycles, under the conditions stated in these terms and conditions and in the current regulations. Once a bicycle is correctly removed from the corresponding station, the user will have the right to make use of it up to a maximum of 24 hours in accordance with its modality. The continued use of the bicycle, exceeded the indicated 24 hours, will result in the adoption of the measures provided in these terms and conditions. 

b) The user shall have the right to have the bicycles in suitable conditions for use in accordance with the stipulations of these terms and conditions. 

c) Request and receive service information. 

d) Formulate suggestions, claims and complaints, by e-mail, the contact form of the Web site, ordinary mail to the address located in Jirón Francisco Moreno #485-Surquillo, or in person, in the Office of attention to the public of the Service, located in Jirón Francisco Moreno #485 – Surquillo from Monday to Friday from 9:00 am to 5:00 pm. Also make claims in the Virtual claims Book of the website.

All claims submitted by customers will be handled in accordance with the legal regulations of law n ° 29571-Code of Protection and Defense of the consumer, and rules that complement and/or replace.

e) To be informed, through the WEB site or by any other means, of the incidents that affect the correct development of the service. 

f) Receive the corresponding indemnifications, if applicable, in the event that the user has accredited that the damage caused by the malfunction of CityBike Lima was caused, when it does not operate guilt, negligence or fraud on the part of the user.
 
g) To be informed of the rates and penalties that may be taken and, in the latter case, to formulate the allegations it deems appropriate. 

h) In the event by mistake, the service has made a charge, the user will have the right to be returned these amounts, within one (1) month, counted from the decision of CityBike to declare the payment inadmissible.
 

11. USER-SPECIFIC OBLIGATIONS

They are established as specific obligations of the user, apart from those referred to in the applicable regulations, which are detailed below: 
 
a) To make use of the service and, in particular, of the bicycle, with the utmost diligence.
 
b) Properly anchor the bicycle to the return station, at the end of using the service, as well as verify the correct return in the message of the bicycle screen and through the acoustic signals. 
 
c) Do not assign the use of the card and other elements of the WEB site and/or the mobile application to anyone else. 
 
d) Use the bicycle only for the transport of the user. 
 
e) Use the bicycle exclusively in the area of the city of Lima, with the exception of the constitutional province of Callao. 
 
f) Assume the guard and custody of the bicycle from the moment of its withdrawal from the station and to the correct return of the bike to the system.
 
g) To communicate to CityBike Lima the loss, deterioration or theft of the card, assuming responsibility for its use until the moment of its communication. 
 
h) To communicate to CityBike Lima any incident that occurs in relation to the service during the period of use of the same. 
 
i) In the event of a bicycle malfunction, the user will have the obligation to anchor it at the nearest station, as well as to communicate to CityBike Lima about the incident.
 
j) To communicate the changes of data that may be produced in relation to your subscription, as well as the change of bank card in which CityBike Lima has to make the collections. 
 
k) Make use of the bike paths whenever possible.
 
l) to use the bicycle properly and to allocate it only for personal transport. 
 
m) Take responsibility for the proper use of the bicycle, as well as its loss.
 
n) At the time of leaving the bicycle, the user must anchor it correctly in one of the stations in use of the service. If the station is full, you must locate the nearest station and properly anchor the bicycle at the station. 
 
o) All users of the service expressly oblige to comply, in the use of the service, the current regulations regarding traffic and road safety in district, municipal, regional or national, as well as any other that may replace them. 

p) In the case that the bicycle is stolen while using the Service, file the corresponding police report within two (2) hours of the incident. Likewise, the User must deliver the original complaint as soon as possible to the Service's Public Attention Office, located at Jirón Francisco Moreno # 485 - Surquillo, where the case will be evaluated and the card will be unlocked, if applicable.

12. EXPRESS PROHIBITIONS 

The users of the service are expressly prohibited, apart from the detailed conducts throughout this contract, as well as those described in the applicable legislation, which are listed below: 
 
a) The use of bicycles on land which is not suitable for circulation. 
 
b) Raise the bicycle to any other means of transport.
 
c) The dismantling and the partial or total manipulation of the bicycle, the stations of the service or the elements that compose them.
 
d) Use of the bicycle or stations for commercial purposes.
 
e) Use of the CityBike Lima brand or logo without your authorization.
 
f) The inscription of slogans, drawings or similar on the bicycle or service station.
 
g) Make all types of graffiti, paint, stain, scribble, writing, inscription or graphics, with any material (ink, paint, organic matter or the like) or by grating the surface of the bicycle or the station corresponding to the service.
 
h) Circulate on a single wheel, catch other vehicles running or use headphones connected to receiving devices or sound players.
 
i) Make use of the mobile while the bike is in circulation.
 
j) Transport other people, animals or bulky objects during use of the service.
 
k) Leave or assign the bicycle while you are using the service, except in cases of force majeure.

It is hereby stated for the record that, in case of non-compliance with any of the prohibitions detailed above and that, as a consequence, the loss, theft, robbery, vandalization or damage of the Bicycle, the User will be charged a penalty of S/. 3,500.00.

Additionally, in case the user leaves the bicycle outside of one of the authorized stations, and as a consequence CityBike Lima has to search for and/or pick up the bicycle, a penalty of S/.50.00 will be charged for each rented bicycle.
 

13. CONFIDENTIAL DATA PROCESSING

a) the user, upon discharge of the service, expressly transfers his/her personal data for its treatment under the conditions and limitations of this service in favor of CityBike Perú SAC, manager of the service, as well as to the companies tendered of the contracts of Concession for the provision of individualized transport services by bicycles (CityBike Lima). 
 
b) The personal data of the person concerned shall be treated for the purpose of managing and developing the services contracted. This involves sending the CityBike Lima card to the mailing address provided in the subscription process of the service; The sending of information on relevant aspects regarding the use and enjoyment of the service (new stations, breakdowns, incidents, etc.); Sending a reminder of expiration of the contract fifteen days before its completion, and sending satisfaction surveys in order to capture the opinion about the service that lends itself and favor its continuous improvement.
Likewise, the personal data of the person concerned may be treated with the following additional purposes, provided that they have been expressly consented at the time of the subscription of the service or at any other time through the private zone of the Web of CityBike Lima.
- Sending of promotions and communications in relation to the services and activities of the Grupo Moventia (to which belongs CityBike Lima), for which we can elaborate profiles of purchase and analysis of habits from the information obtained.
 
c) At any time, the user may exercise his rights of access, rectification, suppression, opposition, portability and limitation by means of communication to the following e-mail address: contacto@citybikelima.com, attaching a copy of the DNI . 
 
d) In any case, CityBike Perú SAC and the concessionaires of the contract for the provision of transport services individualized by bicycles will treat the data transferred by the users in accordance with the provisions of the current Regulation on Data protection.
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14. APPLICABLE LEGAL REGIME AND ARBITRATION

a) This contract is a private matter.
 
b) Its interpretation is subject to the application of the regulations in force in the Republic of Peru.
 
c) Any issues that may arise in connection with its application, execution or interpretation shall be subject to arbitration proceedings by an arbitral Tribunal composed of three (3) arbitrators, in accordance with the rules contained in the Regulation of Arbitration of the Arbitration Center of the Chamber of Commerce of Lima.
The arbitration will take place in the city of Lima and the award issued by the arbitral Tribunal will be definitive and obligatory for the parties. If it is necessary to resort to ordinary jurisdiction for matters related to arbitration, the parties waive the jurisdiction of their domicile and expressly submit to the jurisdiction and competence of the judges and tribunals in the commercial of the judicial district of Lima- Fence.
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